On February 4, 2026, Nnamdi Kanu, the leader of the proscribed Indigenous People of Biafra (IPOB), filed a notice of appeal at the Court of Appeal in Abuja. He is challenging his conviction and multiple life sentences handed down by the Federal High Court on November 20, 2025.
Kanu was found guilty on seven terrorism-related counts. These included allegations of making broadcasts to incite violence, committing acts preparatory to terrorism, directing bomb-making, and unlawfully importing a radio transmitter. Justice James Omotosho imposed life imprisonment on several counts (with sentences running concurrently), along with additional terms such as 20 years for membership in a proscribed organization and five years for the transmitter importation.
The appeal, personally signed by Kanu, contains 22 grounds of appeal. His defense team describes it as a focused and streamlined challenge. They claim it distills an initial review of over 1,000 alleged procedural and legal issues into 101 core problems, then further condensed to comply with appellate requirements and maintain clarity.
Key arguments raised in the appeal include:
- The 2017 military operation: The defense contends that the court's portrayal of Kanu's departure from Nigeria after Operation Python Dance II as voluntary "flight" was incorrect. They argue it was a forced response to state violence, including deaths and property destruction, and should not have led to adverse inferences against him.
- Breaches of fair hearing: Multiple grounds cite violations of Section 36 of the Nigerian Constitution, such as the trial court's failure to rule on a pending preliminary objection, leaving a bail application unresolved, and delivering judgment without allowing the defense to submit a final written address.
- Insufficient evidence: The appeal asserts that the prosecution failed to prove guilt beyond reasonable doubt. No victims testified to harm or intimidation, no witnesses confirmed being influenced by the broadcasts, and no physical evidence (such as bombs) or direct causal links were established.
- Reliance on unpleaded facts: The defense claims the trial judge improperly considered uncharged matters, including alleged attacks on foreign diplomatic missions.
- Statutory and sentencing issues: Challenges include convictions under a repealed terrorism law, arguing that a non-existent statute cannot support a conviction. Additionally, the count related to the radio transmitter is said to be statute-barred, with the defense noting that Kanu has already served time exceeding any applicable maximum penalty.
Kanu is seeking to have his convictions quashed, all sentences set aside, and a full acquittal on all counts. He has also requested to be present at the appeal hearing and indicated he may wish to personally participate in his defense.
The Court of Appeal will now await the transmission of the trial record before scheduling hearings. This development renews focus on questions of due process, evidentiary thresholds, and the handling of high-profile terrorism cases in Nigeria's judicial system.
